Chapter 19.08
DUTCH ELM DISEASE CONTROL
Sections:
19.08.040 Inspections and entry on private property.
19.08.050 Declaration of public nuisance.
19.08.060 Contents of resolution.
19.08.070 Number of streets which may be included in the resolution.
19.08.080 Notices – Manner of posting.
19.08.110 Time of notice posting.
19.08.120 Hearing of objections.
19.08.130 Decision or objections – Acquiring jurisdiction.
19.08.140 Decision of the Director may be appealed.
19.08.150 Order to abate nuisance – Form of order.
19.08.160 Urgency – Cut and stored elm wood.
19.08.170 Entry upon private property to abate nuisance.
19.08.180 Removal of elm wood by property owner.
19.08.010 Finding.
The City Council has determined that there are many elm (and zelkova) trees growing on public and private premises within the City of Elk Grove, the loss of which would substantially depreciate the value of public and private premises and impair the safety, good order, general welfare and convenience of the public. The City Council has determined that the health and life of such trees is threatened by a fatal disease known as Dutch elm disease. The City Council hereby declares its intention to control and prevent the spread of such disease and the insect pests and vectors which carry such disease and declares the Dutch elm disease and elm bark beetles which carry such disease to be public nuisances. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
19.08.020 Definitions.
A. “Administrative regulations” means regulations promulgated jointly by the Director, and approved by the City Council, specifying procedures for the removal and destruction of elm trees or portions thereof.
C. “Director” means the Development Services Director of the Development Services Department of the City of Elk Grove or their designee assistants, deputies, or authorized employees or agents.
D. “Elm tree” includes any of the following: any living or standing elm (or zelkova) tree or part thereof, or any dead elm (or zelkova) tree or dead part of any elm tree, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed. [Ord. 24-2015 §8 (Exh. F), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
19.08.030 Public nuisance.
The following things are public nuisances whenever they may be found within the City of Elk Grove:
A. Any living or standing elm tree or part thereof infected to any degree with the Dutch elm disease fungus, Ceratocystis ulmi; or which harbors any of the elm bark beetles, Scolytus multistriatus or Hylurgopinus rufipes;
B. Any dead elm tree or dead part of any elm tree, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
19.08.040 Inspections and entry on private property.
A. The Director or his or her designee shall inspect all premises and places within the City of Elk Grove as often as practicable to determine whether any condition described in EGMC Section 19.08.030 exists therein. They may enter upon private property at any reasonable time for the purposes of carrying out any of the duties assigned to them under this chapter. If entry is refused, the Director shall have recourse to every remedy provided by law to secure lawful entry.
B. Whenever necessary to determine the existence of Dutch elm disease or elm bark beetles in any tree, the person inspecting such tree may remove or cut specimens from the tree. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
19.08.050 Declaration of public nuisance.
The Director may declare by resolution as public nuisance, and abate, those conditions set forth in EGMC Section 19.08.030 wherever those conditions are found upon public or private property in the City of Elk Grove. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
19.08.060 Contents of resolution.
The resolution shall refer to the property upon which or in front of which the nuisance exists by giving its lot and block number according to the official or City assessment map. If only a portion of the elm tree is to be removed, the resolution shall so indicate. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
19.08.070 Number of streets which may be included in the resolution.
Any number of private or public parcels of property may be included in one resolution. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
19.08.080 Notices – Manner of posting.
After passage of the resolution, the Director shall cause notices to be conspicuously posted on or in front of the property on which the nuisance exists and/or mailed to the property owner of record. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
19.08.090 Notices – Heading.
If posted on the property, the heading of the notices shall be “Notice to Destroy Elm Tree” or “Notice to Destroy Elm Wood,” whichever is appropriate, in letters not less than one (1") inch in height. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
19.08.100 Form of notice.
The notice shall be substantially in one (1) of the following forms:
NOTICE TO DESTROY ELM TREE
Notice is hereby given that on the ____ day of ____________, 20__, the City Council passed a resolution declaring that an elm (or zelkova) tree or trees existing upon or in front of the property in the City of Elk Grove, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by being removed and destroyed. Otherwise they will be removed and destroyed by the City of Elk Grove. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the City Clerk.
All property owners having any objections to the proposed removal of the elm tree or trees are hereby notified to attend an administrative hearing to be held ____________________, when their objection will be heard and given due consideration.
Dated:__________________
or, if applicable:
NOTICE TO DESTROY ELM WOOD
Notice is hereby given that on the ____ day of ____________, 20___, the City Council passed a resolution declaring that an elm (or zelkova) tree or trees, existing upon or in front of the property in the City of Elk Grove, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal and destruction of dead wood contained therein in accordance with administrative regulations promulgated by the Development Services Director. Otherwise, such wood will be removed and destroyed by the City of Elk Grove. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the City Clerk.
All property owners having any objections to the proposed removal of the dead elm wood are hereby notified to attend an administrative hearing to be held _________________, when their objections will be heard and given due consideration.
Dated:_______________
[Ord. 24-2015 §8 (Exh. F), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
19.08.110 Time of notice posting.
The applicable notices shall be posted at least seven days prior to the time for the administrative hearing per the process outlined in the Zoning Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
19.08.120 Hearing of objections.
At the time stated in the notices, the Director shall hear and consider all objections to the proposed removal and destruction of elm trees or dead wood contained therein, whichever is applicable. It may continue the hearing from time to time. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
19.08.130 Decision or objections – Acquiring jurisdiction.
By motion or resolution at the conclusion of the hearing, the Director shall allow or overrule any objections. At that time the City acquires jurisdiction to proceed and perform the work of removal and destruction of elm trees or dead wood contained therein. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
19.08.140 Decision of the Director may be appealed.
The decision of the Director may be appealed per the process outlined in the Zoning Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
19.08.150 Order to abate nuisance – Form of order.
If objections have not been made or after the administrative hearing, it shall order the Director to abate the nuisance by having the elm tree or trees removed and destroyed or by having the dead wood contained therein removed and destroyed. The order shall be made by motion or resolution. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
19.08.160 Urgency – Cut and stored elm wood.
Wherein the Director shall during their inspections discover elm wood that has been cut, or cut and stored, which is infected or may be infected by Dutch elm disease fungus, said Director may, in order to prevent the storage, movement or sale of said elm wood and thereby the spread of the fungus causing Dutch elm disease, act to cause the disposal of said wood in as expeditious manner as practical.
For purposes of this section, other sections contained herein commencing with EGMC Section 19.08.050 through and including EGMC Sections 19.08.150 are not applicable, as the procedural delay that may occur may cause eminent spreading of the fungus to other trees within the vicinity. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
19.08.170 Entry upon private property to abate nuisance.
The Director may enter upon private property to abate the nuisance. It is unlawful and an infraction for any person to interfere with or in any way impede the abatement of a nuisance. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
19.08.180 Removal of elm wood by property owner.
Before the Director arrives, any property owner may remove and destroy the elm trees, wood or elm material at their own expense. The method of removal and destruction must be approved in advance by the Director as being in accordance with administrative regulations. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]